REPLEVIN. Plea, property in the defendant. Verdict for the defendant, assessing his damages at 40 dollars and 75 cents. Judgment that the defendant have a return of the goods, and recover the damages assessed with costs.

Held, that the assessment of damages was surplusage, that that part of the judgment which was founded upon it was erroneous, and that the residue of the judgment was right. White v. Lloyd et al. 3 Blackf. 390.